{"operation":"document","citation":"12-0160","title":"Donovan Marine, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-10-18","effective_on":null,"summary":"12-0160 response to Donovan Marine, Inc. concerning 172.101, 173.309, 173.315, 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0160.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0160.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0160","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120160.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nOCT 1 8 2012\nMr. Keith Mauer\nDonovan Marine, Inc.\n6545 Trade Center Drive\nJacksonville, FL 32254\nReference No. 12-0160\nDear Mr. Mauer:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR 171-180) applicable to the transportation of\"'Fire\nextinguishers containing compressed or liquefied gas,'' UN 1044. Your questions are\nparaphrased and answered as follows:\nQ1. Is a hazardous article that is described in accordance with the § 172.10 I Hazardous\nMaterial Table (HMT) as \"Fire extinguisher, 2.2, UNI044\" considered a limited\nquantity under the HMR when being transported by highway or rail?\nAl. The answer is yes, provided the fire extinguisher meets the requirements in\n§ 173.309(a) through (a)(3)(iv). The definition for '\"limited quantity'' in ~ J 7 l.S\nstates that \"when specified as such in a section applicable to a particular material.\nmeans the maximum amount of a hazardous material for which there is a specific\nlabeling or packaging exception.\" Therefore, a fire extinguisher that meets the\nlimited quantity requirements in § 173.309(a) through (a)(3)(iv) meets the\ndefinition of limited quantity in § 171.8.\nQ2. Are such limited quantity shipments permitted to be marked with the limilcd\nquantity marking in accordance with§ 172.315(a)?\nA2. For transportation by highway or rail, limited quantity shipments of fire\nextinguishers are permitted to be marked with the limited quantity marking in\naccordance with§ 172.315(a).\nQ3. Are limited quantity packages of fire extinguishers eligible for the exception to ihe\nshipping paper requirement provided in§ l72.200(b)(3)? I refer to a corrections\nletter, Reference Number ll-0189R, dated April 2, 2012, which states that limited\n\n<<>>\n\nquantity packages of fire extinguishers are not excepted from shipping paper\nrequirements and ask whether that letter is correct.\nA3. Limited quantity packages of fire extinguishers are not eligible for the exception to\nthe shipping paper requirement provided in § 172.200(b )(3). The letter, Reference\nNumber ll-0189R is accurate and corrects a previous interpretation letter, which\nindicated that limited quantities of fire extinguishers are excepted from shipping\npaper requirements.\nFor transportation by rail and highway, limited quantities of fire extinguishers are not\nexcepted from shipping paper requirements. See§ l73.309(a), which states that\n\"Shipments also are not subject to subpart F of part 172 of this subchapter [placarding], lo\npart 174 of this subchapter except§ 174.24 [shipping papers] or to part 177 of this\nsubchapter except§ 177.817 [shipping papers]. Section 174.24 contains the requirements\nfor shipping papers for rail; § 177.817 contains the shipping paper requirements for\nhighway. As stated in the corrections letter, Reference Number ll-0 l89R, the shipping\npaper requirements specified in § 173.309(a) take precedence over the shipping paper\nexception for limited quantity packages in§ 172.200(b )(3).\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject: INFOCNTR (PHMSA)\nMonday, July 23, 2012 9:34AM\nDrakeford, Carolyn (PHMSA)\nFW: Limited Quantities of Fire Extinguishers Clarification\nfJleLJhire\n~113· 30C{\nt:\"ire ~hng~~~her.s\n12- {) 100\nCarolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: kmauer@donovanmarine.com [mailto: kmauer@donovanmarine.com]\nSent: Monday, July 23, 2012 9:12 AM\nTo: PHMSA HM InfoCenter\nSubject: Limited Quantities of Fire Extinguishers Clarification\nThis e-mail is requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) as they pertain to UN 1044, Fire Extinguishers. I have called the Hazardous Materials Info\ncenter 1-800-467-4922 on 3 different occasions and asked if highway or rail shipments of fire\nextinguishers conforming to the requirements of§ 173.309(a) meet the definition of limited quantity in\n§171.8.\nResponse given was (yes, in order to qualify under the limited quantity provision, a fire extinguisher\nmust meet the requirements contained in § 173.309(a). If the container is packaged and offered for\ntransportation in accordance with § 173.309(a) the limited quantity provision applies.)\nI also asked whether such shipments are permitted to be marked with the limited quantity marking in\naccordance with§ 172.315(a) and are eligible for the exception to the shipping paper requirement\nprovided in § 172.200(b)(3). Response given was (For domestic transportation, as defined by§\n171.8, by highway or rail, such limited quantity shipments of fire extinguishers are permitted to be\nmarked with the limited quantity marking in accordance with§ 172.315(a). Yes, these packages are\nexcepted from the shipping paper requirements in 172.200(b)(3).\nI noticed a corrected Interpretation #11-0189R. Please advise back if this correction is correct. Our\ncompany has been shipping out according to the information given originally\nby the support team as well as by the original interpretation given in 11-0189 which we were advised\nto use that was originally published.\nBest Regards\nKeith Mauer\nDonovan Marine, Inc\n6545 Trade Center Drive\nJacksonville, Fl. 32254\nJacksonville Warehouse Manager\n1\n\n<<>>\n\nHazardous Materials Coordinator\nSafety Coordinator\n904-786-1295\n904-786-2995 fax\n904-521-1339 cell\n2","truncated":false,"body_characters":5701}